
Glass. 
Book. 



FZ)\S 



.S53 



DOCUMENTS 
vs evide:k[ce of a claim 

SUBMITTED BY 

J 
CHARLES F. SIBBALD, 

or pmi^^msijvm^, 

TO THE HONORABLE 

THE 

SENATE AND HOUSE OF REPRESENTATIVES 

OF THE . , 

UNITED STATES OF AMERICA. 
1837. 






.S53 



I if e 4 <^ _ 



TO THE HONORABLE THE 

SENATE AND HOUSE OF REPRESENTATIVES 

OF THE UNITED STATES. 

The Memorial of Charles Fraser Sibbald, of the City of Philadel- 
phia, respectfully showeth — 

That your petitioner, a native of this city, removed at an ear- 
ly age to the then province of East Florida, and resided therein 
under the government of Spain for a period of nearly fifteen 

^,, years — that whilst he was there domiciled, to wit, in the year 

' 1S16, he obtained from that government a grant for 16,000 
acres of land, on the express condition of improving said lands 
in the erection of Saw Mills, and having complied with the 

^ conditions required of him whilst that territory remained at- 
: tached to the Crown of Spain, the lands thus granted, became 

— the property of your Petitioner, and that he used and enjoyed 
_ them as such without hindrance or molestation, and that the 
Supreme Court of the United States has, at its present Session, 
confirmed his titles to the said lands — That your Petitioner 
being prevented from disposing of his lands, by the judicial 
scrutiny and investigation which was undergoing with respect 
to them by the government of the United States, in its difierent 
departments, was obliged to seek other sources of business and 
employment, and returned to this city, from whence he was in- 
fluenced to continue to improve said lands, after the Cession of 
the Floridas to the Government of the United States — under 
the firm conviction, tliat whenever an adjudication of the Su- 
preme Court should be obtained, it would result (as it has) in 
his favour. That in these improvements he has disbursed up- 
wards of one hundred thousand dollars in the erection of Steam 
Mills on his said premises, (one of which Mills worked forty- 
eight saws) that he had made arrangements for a most exten- 
sive business there, and that his Mills were placed in complete 
and successful operation. That the Government of the United 
States, in 1828, sent an agent to Florida, who prevented your 

• Petitioner from using his own timber to supply said Mills, 
(erected at such enormous expence) or for other purposes. — 
That his vessels were detained, his Mills had to be abandoned, 
his whole business prostrated — thus causing to your Petitioner 
indescribable difficulties and a most serious loss — That repeated 
remonstrances were made by your Petitioner to the Govern- 
ment and its agents against these illegal measures, based on the 
opinions of several of the most eminent professional gentlemen 



of this Nation — That for several years past, these difficulties 
have continued to exist, and which your Petitioner has been 
compelled to submit to, until the decision which has just been 
made in the Supreme Court, conclusively proving that his 
rights have been thus infringed, all which facts he is prepared 
to substantiate by satisfactory evidence, and to furnish indispu- 
table proof of the losses to which he has been subjected. 

Wherefore, your Petitioner respectfully prays that your 
Hon. bodies will direct an investigation of his case to he made 
by the usual course of similar applications to the equity and 
justice of Congress, and to award him such compensation for 
the losses he has endured, as may indemnify him for such un- 
autho-rized aggressions upon his property and rights, — or allow 
him by a special act for that purpose, to present himself and his 
claim for judicial investigation before the United States tribu- 
nals held in Philadelphia, his present domicil — your Memo- 
rialist praying a reference to the annexed Documents, will as 
in duty, &c. 

CHARLES F. SIBBALD. 

Philadelphia, Feb. 24th, 1836. 



Extract from the Minutes of the Supreme Court, published in the " Globe" ■and 
" National Intelligencer." 

"SUPREiME COURT OF THE UNITED STATES. 

"■ February., Qth, 1836. 
"United States. ) No. 60 and 103, 

vs. > Cross appeals from the Superior Court 

^'Charles F. Sibbald, ) of Florida. 

"Mr. Justice Baldwin delivered the opinion of this Court, 
"confirming the title of the Petitioner to the whole 16,000 acres 
"claimed by him." 



This case was founded on a grant for a prescribed quantity 
of land, made by the Government of Spain in East Florida. 
The grant was made by the Governor of Florida, Don Jose 
Coppinger, on the 2d of August, 1816, to the defendant, then a 
resident of that territory, and was surveyed according to the 
stipulations of the grant in three surveys, made by Don Jorge J. 
F. Clarke, the Spanish Surveyor General of the then Province. 

It was proved in evidence, that the condition of the grant 
.had been complied with whilst that country remained under 
the dominion of Spain — that the title of the defendant was un- 
questionable under that Government, and that he had, whilst 
Spain retained the sovereignty of that country, used and en- 
joyed his possessions without hindrance or molestation. 



The following is intended to apply to the present case for in- 
demnity presented to Congress, and not the one annexed, which 
has been recently decided in the Supreme Court of the United 
States. 

The 2d art. of Florida Treaty 

Provides that all private property shall be respected in the 
ceded territories; Spain ceded all "that is not private property." 

The 8th art. Provides in relation to land grants made before 
the 24th of January, ISIS, that they shall be respected to the 
same extent as they would have been, had the Government of 
Spain continued to exist in Florida. The words of the Treaty 
are, "the grants are and shall remain ratified and confirmed," 
"leaving the United States nothing to do but to distinguish be- 
tween its own possessions and those of the inhabitants." 

See opinion of Judge Smith, in the Superior Court of Flori- 
da, the U. States vs. arredondo, page 58. 

By the original text of the Constitution of the Spanish Mo- 
narchy, 172 art. 10th chap, it is thus provided, — 

"That the King cannot take the property of any indivi- 
'^dual, nor molest them in the possession, use and enjoyment 
"o/«7."— See opinion of Wm. Sampson, Esq., in Hackly Case. 

Again, — Title 1st, chap. i. art. 4 — 

"TAe nation is bound to maintain and protect by luisc 
^'■and equitable laws, the civil liberty, property, and rights 
^^ of the individuals ivho compose it.'^ — See opinion of M.M. 
Robinson, Esq., in Hackly Case. 

^^The title being good, by virtue of the 2d article, needed 
'hio confrmation; had it been defective, it would have been 
''perfected by the valid part of the Sth art." [Flor. Treaty.) 
— See opinion of the same. 



This Agreement made and concluded this 12th day of October, 
A. D. 1827, between Samuel Grice and Charles F. Sibbald, 
both of the City of Philadelphia, and State of Pennsylvania, 
witnesseth. 

That whereas the Spanish Government did in the year A.D. 
1816, concede unto Charles F. Sibbald, a grant of Land in 
East Florida, now the Territory of Florida, containing four 
thousand acres, which is surveyed in what is known there as 
Turnbull's Swamp, — which said four thousand acres is said to 
be covered with live oak timber; and whereas the said Samuel 



6 

Grice now has a certain contract with the Government of the 
United States for a set of live oak frames; to wit, one for a 
seventy-four gun ship — one for a forty-four gun ship — and one 
for a twenty gun ship — making three entire frames of live oak, 
and in quantity about seventy thousand cubical feet; and said 
S. Grice being desirous to avail himself of said timber to exe- 
cute said contract; now, it is this day agreed between the said 
parties, that the said Charles F. Sibbald doth sell and dispose 
of to the said Samuel Grice, so much of the live oak on three 
thousand acres of the above premises, (one thousand acres be- 
ing already disposed of) as shall be necessary or required to 
complete the three entire frames of the ships above mentioned, 
at (16 cts.) say sixteen cents per cubical foot for mould timber; 
and the said Charles F. Sibbald further grants the privilege of 
cutting roads, building houses, and entering into the said pre- 
mises in any manner that may be requisite for the fulfilment 
and execution of this agreement, and further agrees to hold 
harmless the said Samuel Grice, from any difficulty that 
may arise from any conflicting claim, to the said Land; and 
the said Samuel Grice hereby agrees to cut, or cause to be cut, 
any live oak which can be used in the said three frames, and 
to pay for the same, at the price before mentioned, on the de- 
livery of each cargo at its port of destination. 

It is further understood, that Charles F. Sibbald shall have 
the benefit of all improvements made on the said premises, such 
as houses, stores, &c, there erected, and which shall become his 
property provided the cutting of the said timber shall occupy 
at least the ensuing season. 

For the true performance of this agreement the parties do 
bind themselves, each in the penal sum of one thousand dollars. 
In Witness whereof, the parties have hereunto interchangeably 
set their hands and seals, the day and year first above written. 

SAMUEL GRICE, ||***? 

CHARLES F. SIBBALD, I^ka^* 

Witness present — 

JOHN GIBSON. \ 

CORNELIUS TIERS. ( 



Whereas the undersigned, Charles F. Sibbald and Samuel 
Grice, did, on the 12th October, 1827, enter into an agreement, 
whereby the said Sibbald, for the consideration mentioned 
therein, did sell to said Grice the live oak on his land in Flo- 
rida; and whereas it was found impracticable to obtain the said 
tiinber the past season, in consequence of difficulties not antici- 



pated by either party, thus subjectino- the said Grice to serious 
inconveniences and loss, and the said Sibbald to inconvenience 
in not receiving funds for tlie timber as anticipated by the con- 
tracts; and whereas the said Sibbald is desirous of raising funds 
on the timber as above mentioned, which the said Grice is wil- 
ling to assist in, on terms of mutual reciprocity, Therefore this 
agreement witnesscth, that the said Grice agrees to advance his 
notes to the said Sibbald, to amount of 

dollars, to be renewed by him until Grice shall be in receipt 
of timber to amount thereof, in consideration of which, Sibbald 
agrees that in addition to the timber sold Grice, as per original 
contract, he is to be at liberty to take any additional timber he 
may want for mould timber, at the specified price of sixteen 
cents per cubic foot, and promiscuous timber at ten cents, and 
the smaller timber, less than that required for the Navy, at 
eight cents per cubic foot; the whole amount not to exceed one 
hundred thousand cubic feet. 

SAMUEL GRICE, |||||| 

CHARLES F. SIBBALD, ||f|?| 
Philadelphia, April 3d, 1828. 



Whereas, a certain agreement for the sale of live oak timber 
situated in Turnbull's Swamp, East Florida, was made and en- 
tered into on the 12th day of October, A. D. 1827, between 
Samuel Grice and Charles F. Sibbald, of Philadelphia, and 
whereas, the said agreement was extended on the 3rd day of 
April last, now it is further understood and agreed to between 
the said parties, that three years shall be the time limited to 
cut the live oak embraced in said agreement; that during the 
ensuing fall and winter, the greater part of the hands now con- 
templated to be sent out by the said Grice, shall be located to 
cut on said tract; and it is further understood and agreed by 
the parties to said agreement, that they bind themselves each 
to the other, their heirs, executors, administrators and assigns, 
for the true and faithful performance thereof, in the penal sum 
of three thousand dollars. Witness our hands and seals at Phi- 
ladelphia, this thirteenth day of May, A. D. 1828. 

SAMUEL GRICE, *lii^f 

CHARLES F. SIBBALD, |*ff?| 



^iJi<J»ij««J«^ 



Witness present — 

GEORGE BERIMAN, 
JOHN EVIL. 



8 

L. B. A.— folio 351. 

Charles F. Sibbald to Samuel Grice, Esq. 

Philadelphia, October 22d, 1827. 
Dear Sir, — 

Hereunto annexed you have a copy of the original 
plan of four thousand acres surveyed for me in Turnbull's 
Swamp, Mosquito. I have addressed Mr. Clarke, the former 
Surveyor General of East Florida, to send his brother (his 
former Deputy, by whom the survey was made) down to Mos- 
quito, to point out my lines. 

You will perceive the one thousand acres I have disposed of 
is marked off in the plan — your hands can cut any where else 
on the survey. 

Yours very respectfully, 

CHARLES F. SIBBALD. 



Letter Book A, page 348. 
Extract of a Letter from Charles F. Sibbald to George J. F. 
Clarke, Esq. (late) Spanish Surveyor General of East Flo- 
rida, at St. Augustine, dated 

Philadelphia, October 22d, 1827. 
Dear Sir, — 

I had this pleasure by mail this day, which hope 
you will have received ere this reaches you — the present will 
be handed you by Mr. Grice, the brother of Mr. Samuel Grice 
of this city, to whom I have sold a quantity of live oak con- 
tained on my four thousand acre survey made by your brother 
for me, in Turnbull's back Swamp. In my letter by mail this 
day, I requested you would have the goodness to engage your 
brother to hold himself in readiness to proceed with Mr. Grice 
to Mosquito, to point out my lines, if not already engaged. 
You will please immediately, should he be absent from St. Au- 
gustine, to send an express for him, and by all means to engage 
him for me, that no disappointment shall occur. 

Mr. Grice is now preparing a vessel to proceed direct to 
Mosquito, with men, provisions, and the necessary arrange- 
ments to commence cutting the live oak, and must beg that you 
will have the goodness to make such an arrangement with )'^our 
brother that he will not be delayed in his operations. I send 
you a copy of my plot, although you have the original, as it 
may not be at hand. 



9 

Statk of Pknnsylvania, > 
City of Philadelj)hia. 3 

Personally appeared before me, Samuel Grice of the said city, 
who being duly affirnied according; to Law, says, that some time 
in the summer or fall of the year eij^hteen hundred and twen- 
ty-seven, he entered into a contract with Charles F. Sibbald, 
of the said City of Philadelphia, for a lnr<2;e quantity oflive oak 
timber, which he stated he had on a tract of land in Mosquito 
county, East Florida, — same fall he sent out his brother, Jo- 
seph Grice, with a gang; of hands to commence cutting on said 
tract; but owing to the difficulty of finding the lines in time, 
and the lowness of the water in the Lagoon, no landing was 
effected, and he had to look elsewhere for timber, at an im- 
mense sacrifice of time and expeiice. The ensuing fall of the 
year 1S2S, he recorded at the Register's Office, at St. Augus- 
tine, his contract with said Charles F. Sibbald, and was about 
to cut on his tract, when he was forbid doing so by Mr. Ait- 
kens the Government agent, who told him he would be com- 
pelled to seize the timber, and thus prevented, he (Joseph Grice) 
was compelled to look elsewhere for timber, as his letter of 29th 
November, 1S2S, will show; the letter hereunto attached being 
received from his brother at that time. And further states, 
that in consequence of the notice of said Aitkens, Mr. Charles 
F. Sibbald has been put to considerable loss and inconvenience, 
as this deponent believes, he the deponent having sustained a 
very considerable loss himself, in being thus prevented from 
cutting timber on the aforesaid tract of land. 

SAMUEL GRICE. 

Affirmed and suhsctihed, t/iis ninth } 
day of November, A. D. 1835, heforr \ 

PETER HAY, Alderman. 



Si. Augiislliic, Aovcmbcr 2i:f/i, 1828. 
Dear Brother, — 

I wrote you in haste on the 26th, since which 
I have had the contract with Sibi)ald recorded. Mr. Aitkins 
called on me 3'esterday, said he understood I was about to cut 
on Mr. Sibbald's grant at Mosquito, and forbid me cutting it — • 
said that if I did so, he would be compelled to seize the tim- 
ber, as the grant was rejected by the Land Commissioners — 
says it is what is called a Mill Grant, and that Mr. Sibbald 
has no right to it. I immediately called on Mr. Rodman (the 
collector) according to your instructions — he has advised me 
not to cut the timber; — says that if I do, I will subject the 
vessel and cargo to seizure, and myself to a prosecution. He 
thinks that Mr. Sibbald is entitled to the land on the St. Johns 



10 

where he huilt the mill, — but not to that on Mosquito. It ap- 
pears by the report of the Receiver and Register, that the 
grant was given him merely for the jiine timber on the land, 
such as he chose to saw up, but that he has no claim to the 
soil, or any other timber except the pine* — it is considered by 
the Commissioners here as belonging to the United States. I 
shall therefore not commence cutting there until 1 hear from 
you. Mr. Aitkin has stopped the cutting of live oak on all 
the Mill Granis, and has seized some timber. I shall have 
timber enough on Bulow's tracts to last us four or five months, 
or perhaps longer. I have this moment returned from the 
Land Office, and find that Bulow's property is acknowledged 
a good title, so that there will be no difficult}'^ in that. I am 
in treaty with a Mr. Ormond for live oak; — his tract adjoins 
Bulow's, and the title is good. There has been a quantity of 
timber cut off his tract, but a good deal may be got there yet, 
and it is immediately adjoining our camps. I offered him 16 
cents for the timber — which offer he did not accept; but I may 
perhaps get it from him on my return for 183 cents. I will 
however purchase it of him as soon as possible, as we will not 
have to move the camps to cut it, which will be a great advan- 
tage (and more particularly as we cannot cut on Sibbald's. ) I 
expect Mr. Rodman will write Sibbald on the subject. 
Hoping to hear from you soon, I remain 

your affectionate brother, 

JOSEPH GRICE. 

Note. — The Land Commissioners had no authority to act 
on my grant, as it exceeded their limits, not being authorized 
to act on grants larger than 3500 acres. It was the Register 
and Receiver that made the report on Mill Grants which Mr. 
Grice alludes to in the preceding letter. Nevertheless they 
recommended mine for confirmation, they having no authority 
whatever to act on it themselves. There was, no doubt, a mis- 
conception by Mr. Grice, as relates to Mr. Rodman's opinion 
of my Mosquito survey; he has always expressed to me his con- 
viction that it would be confirmed, which has proved correct. 



State of Pennsylvania, > 
City of Philadelphia. 5 

Personally appeared before me, Charles Snowdcn, of the 
City of Philadelphia, who being duly sworn according to the 
law, deposes and sayeth, that in the year of our Lord one 
thousand eight hundred and twenty-seven, he went to East 
Florida, accompanied by Charles F. Sibbald, (of the said City 

* Sec Appendix. 



11 

of Philadelphia, Merchant,) a number of mechanics, workmen, 
and other persons, for the purpose of erecting; Steam Saw Mills 
on the lands of the said Charles F. Sibbald, on the river St. 
Johns, at a place now called Panama; that subsequently he was 
agent for the said Charles F. Siljbald, who erected during; his 
abode there, three Steam Mills, one of which worked forty- 
eight saws, and which by the books of the said Sibbald, cost 
between eighty and ninety thousand dollars; that after erecting 
these Mills, the agent of the Government of the United States 
would not permit the said Sibbald to cut or use his timber from 
off his own lands, to supply the said Mills to saw, threaten- 
ing this deponent as agent, with arrest and imprisonment; that 
he put every possiljJe obstacle in the way of the said Sibbald, 
to his manifest injury; that the said grievances and outrage 
were communicated to the said Sibbald by letters by this de- 
ponent; that the said Sibbald had a contract to supply Mr. 
Samuel Grice of the said City of Philadelphia, with a large 
quantity of timber, to be cut by the said Grice off of the lands 
of the said Sibbald, and that the agent of the Government of 
the United States prevented the said Grice from cutting and 
executing the said contract, thereby depriving the said Sibbald 
of a very large amount of funds; further this deponent sayeth 
not. CHARLES SNOWDEN. 

Sworn to before me, ) 
this eiir/itk of April, 1835. ^ 

PETER HAY, Alderman. 



State of Pennsylvania, > 

City of Philadelphia. 5 

Personally appeared before me, George Colt, who being duly 
sworn, deposes and says, that he is now of the age of twentv- 
eight years, that he was employed by Charles F. Sibbald as a 
book-keeper at Panama Steam Saw Mills, in East Florida, in 
the years 1S2S and 1S29, and part of the year 1S30; that the 
said Mills were erected by the said Charles F. Sibbald, and by 
his books cost upwards of eighty thousand dollars at that time; 
that said Mills formed one of the largest concerns in this coun- 
try for sawing lumber, one of them working eight gangs, con- 
taining forty-eight upright saws; that they were in successful 
and prosperous operation, that the agent of the Government of 
the United States, Mr. Aitken, after said Sibbald had erected 
said Mills at such enormous expense, on land granted to him 
by the Spanish Government, forbid him from cutting or using 
his own timber to saw and supply said Mills; that he other- 
wise interfered in preventing the execution of a contract, 
whereby Samuel Grice, of this city, was to cut a very large 



12 

amount of timber from the lands of (he said Sibbald, thereby 
depriving said Sibbald of a very lar2;e amount of funds, and 
causing him manifest injury; tliat he has recently visited said 
Mills and found them desolate and in a slate of decay; further 
this deponent saveth not. 

GEORGE COLT. 

Sworn and siilisciihed this 29<A ) 
day of Septeinhrr, A. D. 1835, heforc ( 

PETER HAY, Alderman. 



Extract of a Letter from fVil/iani L. Haskins, Esq. agent of 
Charles F. Sibbald, at Panama Steam Saw Mills, East Flo- 
rida, June 11th, 182S. 

In consequence of the arrival of a special messenger from 
Government, to preveyit the cuttiyig of timber on public 
lands, ive are in sad trouble here. He has seized 8000 feet of 
live oak, (moulded,) cargoes on ship board, cut upon a tract of 
land confirmed by the Board of Land Commissioners. For 
this reason I am prevented from taking the balance of the tim- 
ber from Black Creek. I am fearful that he will interfere with 
timber cut from Mill Grants. 



Extract of a Letter from Charles F. Sibbald to Jos. M. White, 
Esq., Delegate from Florida, dated 

Philadelphia, June 21th, 1828. 
Dear Sir, — I have a letter this morning from my agent in 
Florida, stating that a special agent has arrived from Wash- 
ington, on the river St, Johns, where he is seizing vessels 
laying there loaded with live oak timber, or their cargoes, and 
says from the report of the Land Commissioners' Receiver and 
Register there, that timber cut on Mill Grants also is subject 
to seizure. Was there ever any thing so iniquitous, — to detain 
vessels and seize property before the right of the property is 
decided? The Government of Spain, actuated by libera! views 
in these respects, gave you leave to cut any quantity, and on 
any extent of land you pleased, without making the expendi- 
tures of thousands of dollars as I have invested on my property, 
and which have only now been informed that there was a ques- 
tion of my right to. I have now four vessels, either in the 
river St. Johns, or will shortly arrive there; two out of the four 
vessels now gone have cost nine thousand dollars; the mea- 
sures pursuing there by the Government will prove perhaps 



13 

of serious consequences to me, these vessels are liable at this 
season of the year to he seriously injured b}' the worms, and 
their detention there would be ruinous; if the agent persists in 
seizin<i; live oak timber, even if he does not directly interfere 
with me by seizing what I have bought from others and detain- 
ing my vessels, it will be tantamount. I must beg therefore 
that you will on the receipt of this have the goodness to inform 
me, whether as the re])resentative of the people of Florida, you 
will write to the Secretary of the Treasury, or to whose office it 
may belong; and protest against such an unjust measure, which 
if you deem it of consequence to remove the erroneous impres- 
sion made of Mill Grants, I will send a certified copy and 
translation of mine to the Secretary of the Treasury. I con- 
sider that my grants stand on such strong grounds, that they 
cannot deprive me of an acre in justice, to trace them from the 
beginning, — of the ultimate result, I do not feel apprehensive. 
I think you will have no difficulty whatever in establishing my 
title on the strong grounds which it is held. Please to let me 
hear from you as soon as convenient. 



Copy of Remonstrance from the Honorable Joseph M. White, 

Delegate from Florida, made at the request of Charles F. 

Sibbald, dated 

Neu' York, Ju7ie 30th, 1828. 

To the Honorable Richard Rush, Secretary of the Treasury 
of the United States. 

SiK, — 

I am informed that an agent has been sent to Florida to 
have all vessels arrested which may be laden with live oak. So 
far as the timber may be taken from the public lands, and par- 
ticularly within the districts set apart by the President's pro- 
clamation under the law, it may be proper; but I apprehend 
that the Government never have and never can arrest any one 
or any vessel for the timber cut from lands covered by a Spa- 
nish grant. If an unfavourable report was ever made by a local 
15oard not authorized by law to pronounce a final judgment, 
the United States must provide for the decision before they 
can seize upon or consider it public property. Such has been 
the practice of the Government, and a contrary rule would 
embarrass all the trade of the country and subject the Govei-n- 
nient to damages for every illegal seizure. 



14 

Extract of a Letter from C. Sully, Esq., agent pro. tern. Panama 
Steam Saw Mills, to Charles F. Sibbald. 

July 16ih, 1828. 
The present measures of our Government, as respects live 
oak, will for the present prevent any shipment of that article. 



The same to the same. 

Panama Steam Saw Mills, Aug. 10th, 1828. 
The United States agent is here giving much trouble, and 
will be the cause of much distress in this territory. I have 
purchased and paid for all the live oak timber I have — yet 
anticipate much inconvenience from his measures. He noio 
talks of stopping Pine Timber. (Note — He did so.) 



The same to the same. 
Panama Steam Saw Mills, Dec. 12th, 1828. 
Aftken (the Government agent) has stopped my timber on 
Black Creek, likewise some at Mosquito and in its vicinity. 



Extract of a Letter from Charles F. Sibbald to John Rodman, 
Esq. Counsellor at Law, at St. Augustine. 

Philadelphia, Dec. 5th, 1828. 
I have sold Samuel Grice, Esq. of this city, some live oak 
on one of my surveys at Mosquito, obtained under my Mill 
Grant. He has recently sent out persons to cut it. I have de- 
sired his brother (who has gone out) in the event of any inter- 
ference by the Government agent, to apply to you. In that case 
you will be pleased to have a suit instituted in my behalf, in 
the sum of S40 or ^50,000 against the agent, as Mr. Grice's 
contract is at least gSO,000 with the Government, for which 
he is cutting timber. Mr. White at my request made a remon- 
strance to the Treasury Department, saying that their interfe- 
rence with any timber cut on lands covered by a Spanish grant 
would subject the Government to damages. 



15 

L. B.— folio 9G. 
Extract of a Letter from Charles F. Sibbald to Charles Down- 
ing, Esq. licgisicr of Public Lands, at St. Augustine. 

Philadelphia, December oth, 1828. 
You will oblige me by addressing the Treasur}' Dejiartment, 
lest some interference of the Jlgent of the Government on 
my surveys might jjrejndice my personal interest, and con- 
sequently thereby that of the Government of the United 
States. 



L. B.— folio 100. 

P^xtract of a Letter from the same to Joseph M. White, Esq. 

Delegate from Florida, at Washington City. 

Philadelphia, December \bth, 1828. 
I understand that the Government agent has again returned 
to Florida, and I have requested Mr. Downing (the Register 
at St. Augustine) to correct the impression given of Mill 
Grants, or at least to do 7ne the justice to refer to the literal 
translation of mine on file in his office, and to do what my 
case merits; to save my interest being affected and consequent- 
ly that of the Government of the United States, should the 
agent interfere with me. I have (now) expended upwards of 
§40,000 in Florida, which I look to my grants for ultimate 
security. Until our title is confirmed, ihe Treasury Depart- 
7nent ought to know that we consider the ground on which we 
stand in Florida as ours, and instruct the agent of the Govern- 
ment in conformity, as I believe all orders emanate from that 
Department. I mention this, as I have recently been informed 
that there was a disposition on the part of the Government 
agent to interfere. 



L. B. — page 3. 
Extract of a Letter from Charles F. Sibbald to Charles Snow- 
den, Esq., his agent at Panama Steam Saw Mills, Florida. 

Philadelphia, Dec. 2^)th, 1828. 
I have heard from Mr. Rodman about Mr. Aitkin, the Gov- 
ernm.ent agent, stoppitig Mr. Grice (from cutting my timber,) 
same day wrote to Washington — shall make a stir, depend 
upon it — / ivill m,ake them pay for it, or allow Mr. Grice 
to j)roceed at once. 



16 

Extract of a Letter from Charles F. Sibbald to John Rodman, 
Esq , his Counsellor at Law, and Collector of the Customs 
at St. Augustine, ICast Florida. 

Philadelphia, January 5th, 1829. 
I addressed you on the 5th ultimo, enclosing my Petition to 
the Court, respecting my Mill Grant, and was duly favoured 
with yours of the 11th ultimo, from Jacksonville, acquainting 
me of the infamous procedure on the part of the agents of the 
Government of the United States, — who in violation of the 
Treaty of Cession of Florida, have infringed on the rights of 
individuals which that treaty declared should be respected and 
observed to the same extent that they would have Ijeen, had 
the Government of Spain continued in that territory; but how 
different is the case! when that of Spain gave its subjects per- 
mission to cut timber, without limits, by asking for it; and the 
other shows a disposition to take from individuals that which 
they have fairly obtained and possessed for an elapse of so 
many years. On the receipt of your letter, I immediately ad- 
dressed Mr. White (Delegate from Florida) respecting these 
iniquitous measures; and as he made a remonstrance at my in- 
stance to the Secretary of the Treasury in July last, against 
these proceedings, I was in hopes that he would be enabled to 
show the injustice of them to the Secretary, and have instruc- 
tions in conformity sent to the agent (of the Government.) — 
In this I have been disappointed, and Mr. White writes me 
although it is contrary to his opinion, yet he apprehends they 
will leave it to the Courts. Immediately on the receipt of IVIr. 
White's letter, I addressed Mr. Berrien. I did this to endea- 
vor to be so represented at Washington as to get the order to 
the Government agent countermanded, so as to allow Mr. 
Grice to proceed in his contract, as the consequences to both 
of us loill otherwise he serious. I requested you to 'proceed 
against the Government if he interfered loith Mr. Grice, by 
instituting a suit in my behalf for damages, provided you 
approve of such a measure. No doubt the Report of the Re- 
ceiver and Register has influenced this opinion of the District 
Attorney, on which the Government agent is acting; but per- 
haps your personal representations of my case might cause him 
to revoke his opinion as respects my claim, so as to permit 
Mr. Grice to proceed — otherwise it is very evident tve shall 
have to seek remuneration if they persist in stopping Mr. 
Grice. 



17 

From same to same — page 6. 136. 

Philadelphia^ January 2Mi, 1829. 
I feel assured that the proceedings of the Government agent 
are illegal, and tliat an untried Spanish grant cannot he con- 
strued to he the property of the Government of the U. States, 
therefore think I shall appoint an agent in my name to cat my 
timher, and if the agent has the power, he shall imprison him, 
and I will pay the penalty of the law. The U. States having 
made a solemn contract to do justice, and respect the property 
of individuals to that extent that the Government of Spain 
would have done; it is very evident that a most liberal course 
ought to be pursued. 

Note. — See Mr. Rodma7i''s Reply, that as Collector of the 
Port of St. Augustine, he is positively ordered to seize all 
timber cut from these grants, &c. his orders being from the 
Treasury Department. 



L. B.— folio 144, 155, 157, 165. 

March 28th, 3\st, April Gth. 
Letters urging my agent to have logs cut to supply the Mills. 

See his answers, that the Government agent had prevented 
his doing so — would not permit him to cut a log. 



L. B.— folio 173. 

Extract of a Letter to C. Snowden, Esq., agent at Panama 
Steam Mills. 

Philadelphia, May I2th, 1829. 

Respecting the Government agent, you will of course apply 

to Mr. Rodman, (my attorney at St. Augustine) whom I shall 

address, and Mr. Berrien, and if possible have that gentleman 

arrested. 



From same to the same — L. B. — folio 185. 

Philadelphia, June Qth, 1829. 
I shall write to Washington, meantime (as regards cutting 
logs) you will he advised hy Mr. Rodman until the difficulty 
is removed — I must submit. 



18 

L. B.— folio 187. 

Extract of a Letter from the same to the Honoi'able John. 
Macpherson Berrien, Esq. then at Washington. 

Philadelphia, June ]3th, 1829. 

My agent in Florida writes me by last mail, that the agent 
of the Government of the United States is placing every pos- 
sible obstacle in my way — that he has forbid his cutting pine 
timber (to supply my Saw Mills) on my survey held for thir- 
teen years — he has threatened him with imprisonment, and to 
bring a detachment of United States troops from St. Augustine 
to take possession of my property; after permitting persons to 
cut large quantities of timber on other grants for me, when 
on the point of removing it, he has prevented them; thus after 
expending upwards of forty thousand dollars, I find an obstacle 
placed in my way, which, if not removed very si)eedily, is 
calculated to injure me in the most serious manner. That the 
Government of the United States will sanction such a violation 
of our rights, I cannot believe, as the treaty declares that pri- 
vate property shall be respected in the ceded territory. 

Will you be pleased to advise me how to proceed, or to re- 
present the matter at Washington, that the agent may be in- 
structed to desist. I assure you I have by these means since 
October last, been deprived of seven or eight thousand dollars 
which I should have received from my live oak contract with 
Mr. Grice, and could now establish heavy damages against the 
agents (and Government.) 

I^OTE. — See opinion of the Honorable John M. Berrien. In 
consequence of this opinion, Charles Snowden, Esq., my agent 
at the Panama Steam Saw Mills, refused to submit to the Go- 
vernment agent, until he " threalened to bring the U?iited 
States troops to compel hi??i," and " to take possession of my 
premises,'''' and the United States District Attorney jiublish- 
ed an order forbidding all persons from cutting jmie timber 
on grants ichich were not decided or confirmed. 



L. B.— folio 189. 

From the same to Charles Snowden, Esq., his agent at the 
Panama Steam Saw Mills. 

Philadelphia, June I5th, 1829. 
I have now before me your esteemed of the 27th ult. ; con- 
tents noted. I have written to Washington respecting the un- 
warrantable and iniquitous proceedings of the Government 



19 

Bgerit, and think the difficulties occasioned by him will be re- 
moved. I thought it best first to apply at the fountain head 
for redress; if I do not get it, and an assurance that he will de- 
sist, at all hazards, as I can now prove damages, I will have him 
arrested. 



Extracts of Letters from Charles Snowden, Esq., agent of 
Charles F. Sibbald in Florida, dated, 

Panama Steam Saw Mills, Dec. 4th, 1828. 

<'Mr. Aitken, the Government agent, has gone to Mosquito 

*^'for the purpose of stopping persons from cutting (timber) off 

"of the Government lands, among the rest, Mr. Grice; you 

"will therefore act accordingly." 

Ao-ain, — December 18th, 1828. 

"I saw Mr. Aitken yesterday; he told me he had stopped 
"Mr. Grice, and that Mr. Grice is going to return home again; 
"he also told Mr. Rodman, who told me he would write to you 
"about it." 

Again,— April 22rd, 1829. 

"The Government agent has been here and forbid me cut- 
"ting (pine timber for Mill logs) on your tract, and says he 
"will lay an injunction on me." 

Again,— May Ith, 1829. 

"The Government agent has been here, and forbid me cut- 
"ting Mill logs, and said he would get an order from the Judge 
"to put me in the Fort." 

Again,— May 28th, 1829. 

"The Government agent has and is giving all the trouble he 
"can to this concern as I before wrote you, and has stopped a 
"quantity of fine logs — he let them cut until they got a lot, 
"and then forbid them to take them away. I wrote Mr. Rod- 
"man, (your Counsel at St. Augustine;) he says Aitken called 
"on him, and seems determined to stop me, and says, if I cut 
"any, he will procure a corps of infantry from the garrison, 
"&c. — Mr. Rodman will of course write to you." 

From the same to the same. 

Panama, May 1829, 

"I am sorry to inform you that the agent (of Government) 

has put every obstacle in the way. Mr. Sully had near one 

thousand logs cut; Mr. Turner and Emley had a quantity cut, 



20 

ready to deliver, but every one has been stopped by the agent; 
he also came to the Mill again and forbid me cutting. The 
( U. States District) Attorney, Mr. Douglass, at St. Augus- 
tine, has put a piece in the paper, forbidding any 2ierson 
cutting pine tlmher until claims are decided.''^ 

Note. — The foregoing letters of the 4th and ISth December, 
1S2S, speaking of the Government agent stopping Mr. Grice, 
alludes to the brother of Samuel Grice, Esq., of this city, who, 
after proceeding to Florida as agent for his brother, with fifty 
or sixty ship carpenters, &c. to cut the timber under his con- 
tract with me, was prevented so doing for two seasons, when 
on legal opinions obtained by me, Samuel Grice, Esq., himself 
went out with his carpenters, and wrote from Mosquito as 
follows: 

New Smyrna, January 1830. 

*'I wrote Captain Snowden on the 14th of last month, re- 
"questing him (as we had agreed) to come to this place to pre- 
''sent himself as your agent, and defend me against any con- 
"flicting claim, so that I may obtain the live oak if practicable, 
^^for again I have been told by the U. S. authorities at St. 
"Aicgusti?ie, ' that any attempt to ctit the timber ivill be re- 
'^sisted and arrested.' It is necessary to put me in peaceable 
''possession as early as practicable — you will see the necessity 
"of decision in this case. If you think that Captain Snowden 
''will not attend to any communication from me, please to 
"write him without delay." 

Again,— New S7mjrna, E. F. Feb. 20th, 18.30. 

"Yours of the 4th was received last week, since which, Mr. 
"Mills (acting for Captain Snowden) has been here, and yes- 
"terday we went out together to the tract you claim in Turn- 
"bull's Swamp; nearly all my men are now there at work. It is 
"much to be regretted that you neglected to give instructions 
"to Captain Snowden as per our understanding. When I left 
"Philadelphia, I wrote to request his attendance in December, 
"as I heard from good authority that we should be forbidden 
"to cut on the tracts. A letter received from Captain Snow- 
"den fifteen days ago, informed me he would be here in a few 
"days, calculating on which I sent off men last week to com- 
"mence cutting, concluding he would arrive in time to put me 
"in quiet possession, and defend us therein if required. To be 
"prevented from cutting and taking away the timber after we 
*^have erected our houses on the premises, — have our men, 
^^team,s, Ss-c. in active employment, ivould be an enormous 
^'sacrifce, independent of its disabling me from performing 
"my contract ivith the Government, and for lohich I am 
'■'■ under heavy bonds. I trust, however. Captain Snowden, 



21 

"after seeing Mr. Mills, may be aware of the importance of 
"this subject, and give it immediate attention. The land on 
"the tract is excellent, and well adapted to sugar culture. You 
"would lose a handsome property if you should eventually fail 
"in establishing your title. I hope it may be valid. The live 
"oak on it looks well so far. We fell yesterday about fifty 
"trees, generally sound. I hope sincerely, Sir, that you may 
"be enabled to establish your claim, as this property is cer- 
"tainly valuable." 



Copy of a Letter from John Rodman, Esq. Counsellor at Law, 
and Collector of the Customs, St. Augustine, East Florida, 
dated at Jacksonville, 11th December, 1S3S, to Charles F. 
Sibbald of Philadelphia. 

Dear Sir, — 

I am here attending Court, and have seen your agent, 
Mr. Snowden, who requested me to write to you on the sub- 
ject of your contract with Mr. Grice for the cutting of live oak 
timber on a part of your grant for a Mill Seat. This gentleman 
called on me a few days before I left St. Augustine, and show- 
ed me his contract with you, and mentioned that Mr. Aitkcn, 
agent for the Navy Department of the U. States, now here, 
had forbidden him from cutting any timber on the lands 
held under your grant. I had previously seen Mr. Aitken on 
the subject, and though I am of opinion that your grant will be 
ultimately confirmed, he acts under the opinion of the District 
Attorney of the U. States in St. Augustine, which is repug- 
nant to mine. 

The District Attorney has given to Mr. Aitken his written 
opinion, that all the grants for Mill Seats, until confirmed 
by the Government, or decided by the Judiciary as valid, 
are to be considered as public property of the United States. 
Under this opinion, Air. Aitken lias already seized some tim- 
ber cut upon a gy-ant of t/iis nature, and would undoubted- 
ly seize any that Mr. Grice might cut on any part of your 
grant — that is, live oak or red cedar timber — and Mr. Grice 
would also be exposed to a prosecution under an Act of Con- 
gress, imposing a penalty of 500 dollars and six months im- 
prisonment, on any person cutting timber on the public lands. 
Under these circumstances, I believe that Mr. Grice will not 
proceed under his contract with you. 

I am extremely sorry for these untoward circumstances, but 
I know of no other remedy than to proceed with all possible 
despatch to have your grant confirmed. 

Very respectfully, your obedient servant, 

JOHN RODMAN. 



22 

L. B.— folio 195. 
Extract of Letter from Charles F. Sibbald to Charles Snow- 
den, Esq., his Agent at Panama Steam Saw Mills, 

Philadelphia, June SOtk, 1829. 
My counsel says, "Let the parties proceed (in cutting tim- 
ber) and let the Government agents resort to legal process. — 
Territorial Judges cannot refuse to respect your possession 
until it is legally divested." I think any counsel in St. Au- 
gustine, not linked with the Government, would confirm what 
I say. I am glad you have acted as you have done. I would 
use this advice so as not to make enemies of the Government 
parties; — were it not for this, I would have Mr. Aitken (the 
Government agent) arrested at once. 



L. B.— folio 317. 

Extract of a Letter from the same to John Rodman, Esq. 
Counsellor at Law, St. Augustine. 

Philadelphia, February \st, 1830. 

A few days ago I had a letter from Samuel Grice, Esq., at 
Mosquito, desiring I would send my agent to put him in 
peaceable possession of my tract there (again) that he might 
proceed to execute his contract entered into with me for live 
oak. He says the Government authorities at St. Augustine still 
threaten him. I should like some immediate step taken against 
the person who shall attempt thus to infringe on my rights. — 
My contract with Mr. Grice is a considerable one, and you 
will please to take any measures necessary, if he is interfered 
with, by holding the parties to bail, if practicable, in the sum 
of dollars, as I can establish damages. If there 

is any delicacy in your acting in this case against the agents 
of the Government, you will be pleased to depute some one to 
act for me. 



L. B.— page 317. 
Extract of a Letter from the same to Samuel Grice, Esq. of 
Philadelphia, then at Mosquito, East Florida. 

Philadelphia, February ist, 1830. 
I addressed you on the 4th ult. and a few days since receiv- 
ed yours from New Smyrna, (without date,) respecting our 



23 

live oak contract. I wrote Captain Snowden to meet you at 
Tomoka, and trust he has done so. I know of no obstacle be- 
yond what has been communicated by you to prevent our con- 
tract from being fulfilled. As respects the threats of the Go- 
vernment officers, I beg leave to call your attention to what 
was communicated by Mr. Berrien before he entered into the 
duties of the office of Attorney General— I believe I showed it 
to you. 1 have desired that the parties infringing on my rights 
shall be held to bail. I hope you will forthwith commence 
your operations on my place, as your brother must know the 
lines, and a copy of the survey can be had from Mr. Clarke, 
(the former Surveyor General.) 



Extract of a Letter from John Rodman, Esq. Collector of the 
Customs at St. Augustine, and Counsellor at Law. 

St. Augustine, February 'i-ith, 1830. 

Dear Sir, — I have received your letter of the 1st instant by 
the last mail. 

With respect to a suit against the agent of the United States 
or any other officer, for interrupting Mr. Grice or any other 
person authorized by you to cut timber on the tract of land 
claimed by you at Mosquito, I am sorry that my official situa- 
tion with the Government, in relation to these land claims, 
prevents me from taking any part against the United States 
for alleged trespasses committed by their officers, as I am ex- 
pi^essly directed by the Secretary of the Treasury to seize on 
all timber cut upon these lands. The Government consider 
all lands in Florida, the claims for which have not been 
confirmed, as public lands. 

Before you direct any suit against the officers of the United 
States, for preventing you from cutting timber on this land, I 
advise you to reflect upon the risk you run, and to consult 
some intelligent lawyer at Philadelphia on the subject. Under 
these circumstances, I conceive it to be extremely hazardous 
for you, and also for Mr. Grice, to proceed in the cutting of 
timber on this land. If, however, you should decide upon any 
legal proceedings against the United States officers, I recom- 
mend you to employ Mr. , an attorney and counsellor 
of this place, in the business. 

Note. — Mr. Rodman being Collector of the Customs of St. 
Augustine, as well as my attorney at law there, felt a delicacy 
in acting against the authorities of the Government of the Uni- 
ted States. See opinion of George M. Dallas, Esq. obtained at 
that time. 



24 

L. B.— page 336. 

Extract of a Letter from Charles F. Sibbald to John Rodman, 
Esq., Counsellor at Law, St. Augustine, Florida. 

Philadelphia, March 16th, 1830, 

By the last mail I was favoured with yours of the 24th ult. 
and in conformity with your advice, am getting the opinion of 
one of our most eminent lawyers in relation to my live oak 
contract with Mr. Grice; any interference at this time with 
Mr. Grice ivoiild be ruinous, and the Government, I flatter 
myself, is too magnanimous to let me suffer for a few acres of 
land — and where my exertions and so much money has been 
used in good faith. 

Any interference at this time with Mr. Grice would be a 
most serious business both to hitn and me, as he is under 
heavy bonds to execute his contract with the Government, and 
I am under a penalty to sell him my timber. I trust the 
agent of the Governm,cnt ivill consider the consequences, and 
not act in a Tnatter so important precipitately. I must seek 
redress if he does. 



L. B. — page 343. 

Extract of a Letter from the same to Samuel Grice, Esq., at 
Mosquito, East Florida. 

Philadelphia, March 23rd, 1830. 
I last week received your esteemed favour of the 20th ult., 
and am much pleased to hear so favorable an account of my 
timber and land. I would have written you by last mail, but 
wished to give you the opinion of Mr. Dallas, &c. I have writ- 
ten Captain Snowden, — he will be instructed how to act by 
the next mail, respecting the Government agent. I have re- 
quested Mr. Rodman to suspend any proceedings against him 
until he shall hear from me. 



L. B.— folio 349. 

March 30th, 1830. 
Letters to Charles Snowden, Esq., that I had applications 
far and near to sell lands in Florida, — (could not do so on ac- 
count of the existing difficulties with the Government.) 



25 

L, B.— folio 34G. 

Copy of a Letter to the Honorable S. D. Ingham, Secretary of 

the Treasury of the United States, dated 

Philadelphia, March 25t.h, IGSO. 
Sir, — Having contracted with Mr. Gricc of this city, for the 
sale of a quantity of live oak from my lands in Florida, for the 
use of the United States, and for the object of complying with 
his obligation to the Government, he has been interrupted in 
cutting the timber by the officer of the United States, under the 
idea that the land granted to me in 1S16, by the Spanish au- 
thority, could be affected by the acts of the 3rd May, 1807, and 
of the 1st May, 1817, as the preventing Mr. Grice from com- 
plying with his contract with the United States, after his en- 
countering great expenses in sending a large number of work- 
men, and in preparation for cutting and shipping the live oak, 
must at the same time involve me in enormous and irremediable 
loss, — I hastened to lay my papers before Mr. G. M. Dallas 
and Mr. S. Chew, for their professional advice, and beg leave 
to enclose their opinions for your notice, and as fully explain- 
ing the views on which my rights depend. 

If as I presume you find those views conclusive, I pray you 
to send to me the necessary instructions to be transmitted to the 
United States officer in E. Florida, early enough to prevent the 
infinite injury, loss, and injustice that must ensue to Mr. Grice 
and myself from stopping the progress of the cutting the wood. 
I am. Sir, very respectfully. 

Your obedient servant, 

CHARLES F. SIBBALD. 



L. B.— folio 350. 
From the same to the same, dated 

Philadelphia, April 'Srd, 1830. 
Sir, — I had the honor under date of the 26th ult., of address- 
ing you on a subject of deep interest to me, and in reference to 
which I enclosed the j)rofessional opinions of Mr. G. M. Dal- 
las and Mr. Chew of this city; not having been favored with a 
reply to my communication, the object of the present is to beg 
that you will have the goodness to give it your attention as 
early as you conveniently can, in order that Imay commu- 
nicate with and instruct my agent in Florida, at the earliest 
possible period accordingly. 

To Hon. S. D. INGHAM, 

Secretary of t lie Treasury, Washington. 

4 



26 

Treasury Department, 6th April, 1030. 
Sir, — In answer to your letter of the 3rd instant, I have tO' 
inform you that your communication of the 26th ult. , was re- 
ferred to the Navy Department, which is charged with the care 
and preservation of live oak and red cedar timber in Florida. 

I am respectfully, 

Your obedient servant, 

S. D. INGHAM, 

Secretary of the Treasury. 

CHARLES F. SIBBALD, Esq., Philada. 



L. B.— folio 356. 

Copy of a Letter to the Secretary of the Navy from 
Charles F. Sibbald, dated 

Philadelphia, April 13th, 1830; 
Sir, — I had the honor of addressing the Treasury Depart- 
ment of the United States on the 26th ult., enclosing the pro- 
fessional opinions of two of our gentlemen of the bar in relation 
to a subject of deep interest to me, and am informed by that 
Department, that the subject of my communication was re- 
ferred to you as having charge of the preservation of live oak 
and cedar timber in Florida. I have to request that you will 
be pleased to inform me whether the agents of the Government 
have been instructed to desist from their proceedings against 
my property in Florida, or otherwise. Hoping that you may 
be impressed how important the subject of my communication 
is to me as an individual, and of the consequences that may 
result to the parties acting by my authority, 

I am, Sir, very respectfully, 

Your obedient servant, 

CHARLES F. SIBBALD. 

Note. — No answer was received to this letter. 



27 



OPINION OF THE HON. J. M. WHITE. 

Copy of a Letter from the Hon. Joseph M. White, Delegate 

from Florida, to Charles F. Sibbald. 

Washington, Dec. 30///, 1828. 

Dear Sir, — 

I have received your letter of the 26th instant, and 
concur fully in opinion with you. I do not think a claimant 
to land under the treaty, can be liolden responsible for cuttin<^ 
timber on the land until it is decided to be public property by 
the Supreme Court. I have so written to the Treasury, but 
they will leave it to the Court I apprehend. 

I am your most obedient, 

JOSEPH M. WHITE. 



OPINION OF THE HON. J. M. BERRIEN. 

Copy of a Letter from the Hon. J. Macpherson Berrien to 

Charles F. Sibbald. 

Washington, 5th January^ 1829. 

Dear Sir, — 

I have received your letter, and recognize in the 
writer the son of one of the intimate acquaintances of my 
earlier life. 

On reference to Mr. , I find that he has communicated 

to you a proposition on the subject mentioned in your letter, 
which, as it received my assent, dispenses with the necessity 
of my adding more on this matter. 

I agree with Mr. White in relation to the inquiry contained 
in the postscript of your letter. I would direct the parties to 
proceed, and let the agent of the United States resort to legal 
process. Territorial Judges cannot refuse to respect your pos- 
session until it is legally divested. I shall be glad to sec you 
if you come here, and we will converse further on this subject. 

I write in great haste, and therefore only add that I am, 
Respectfully yours, 

J. MACPHERSON BERRIEN. 
To CHARLES F. SIBBALD, Esq. 



28 



OPINION OF GEORGE M. DALLAS, ESQ. 

Original sent to the Treasury Department of the U. States 

prior to the Confirmation of my Grant by the Supreme 

Court of the U. States. 

Philadelphia, March 25th, 1830. 

Sir, — I have examined your papers, and while I regret the 
necessity of hastening an opinion on their contents, feel much 
confidence in the impressions communicated. 

The United States, agreeably to the 8ih article of the Florida 
Treaty, are bound to ratify and confirm any grant of land made 
before tlie 24th January, ISIS, by the King of Spain, or any 
lawful authority from him in that Territory, to the person in 
possession of the land. 

Have you such a grant, and are you in possession of the 
land ? 

Your grant is dated according to the translated copy exhibit- 
ed to me, on the 2d of August, ISIG, and it is made b)^ " Cop- 
pinger," the Governor of East Florida. Three surveys have 
been made by your directions and for your use, under this 
grant, embracing in all sixteen thousand acres; you have in ad- 
dition fulfilled the object and complied with the terms of the 
grant, by erecting Saw Mills, and carrying them into active 
operation. 

Your possession under the grant has never been discontinued 
nor inteiruptcd by any adversary claim or pretention. 

There docs not then appear any reasons why your grants 
should not be "ratified and confirmed by the United States, 
if Governor Coppinger possessed lawful authority" from the 
King of Spain to make it. I should exceedingly doubt the 
necessity of j'our producing any evidence of this authority 
other than what is contained in the grant itself as a genuine 
official document. To call for such evidence is in effect to call 
for Coppinger's commission or instructions from his Sovereign, 
a call that can never be answered. 

It is possible, however, by recurring to the laws and legal 
forms respecting the creation and transferring of land titles in 
East Florida, while under the Spanish dominion, to show the 
general extent of a Governor's power therein. And I think 
sufficient is discernible in the collection made by Joseph M. 
White, Esq., printed b}' order of the House of Representatives 
in 1S29, to show that such grants of land as yours for the pur- 
l)Ose to which yours was designed, were within the lawful au- 
thority conferred by the Spanish monarch upon the Governor 
of East Florida. 



20 

2d. Siipposinji;, however, you have a title wliich must ulti- 
mately be "ratilied and confirmed" by the United Stales, what 
are you to do in the meantime? Are you to be deemed and to 
act in reference to the lands as a mere stranger or intruder? 
The inquiry arises from the fact that they are regarded as pub- 
lic lands, and that you are prohibited treating them as your 
property. After obtaining the cession of the Floridas, the 
United States adopted measures to separate the private from 
the puijiic property: to know with certainty what lands belong- 
ed to the nation, and what upon the condition of tiie purchase, 
still belonged to individuals. They did not abruptly and vio- 
lently assume the whole, and exact from every claimant proof 
that he was entitled to a part before they would give it back 
to him; on the contrary, actuated by a wise attention to the 
political interest of peace and population, they disturbed no- 
bod}' in his possession, and those claims only became subjects 
of difficulty which embraced a larger quantity of land than was 
covered by a single grant which wanted the support of actual 
occupancy, or which were presumed to have originated subse- 
quent to and in fraud of the treaty. The ratifications of the 
treaty were exchanged in February, 1S21, and in May, 1S22, 
Congress passed the act for ascertaining claims and titles to 
land in the territory of Florida, constituting for that purpose a 
Board of three Commissioners; several other acts were subse- 
quently devised and carried into operation. All claimants by 
patent grants, concession, or order of survey, dated previous to 
the 24th of January, ISIS, were required to file their respec- 
tive claims before these Commissioners, who, however, were 
prohibited from confirming any claim in favour of any actual 
settler at the time of the cession of the territory to the United 
States, if the quantity claimed exceeded 3500 acres. By these 
proceedings tJie United States justly legislate in such a manner 
as to continue, if not to guarantee, in every settler and claimant 
the full enjoyment of tlie position he actually held at the ratifi- 
cation of the treaty, until his possession should be divested by 
due course of law. 

I understand you to have conformed to the requisitions of 
the acts of Congress as far as they were applicable to your 
claim, — to have filed it with the Commissioners, — to have ex- 
hibited the evidence upon which it is founded, and not to have 
obtained their confirmation of it only because the quantity 
claimed exceeded the limits of their jurisdiction. Their opi- 
nions, as far as expressed, were in favour of its allowance. It 
was not till the spring of 1S2S, that Congress legislated with a 
view to carry to final adjustment those claims which exceeded 
in their extent 3500 acres. They then referred them to "be 



30 

received and atljiulged" by the Superior Court of the District, 
upon petition filed by the claimants; you have conformed to 
the directions of that statute, and your claim is now regularly 
waiting judicial scrutiny and determination. While such is 
the state of things it is impossible to imagine without assailing 
the justice and faith of the Government, that your rights will 
be affected by any act or order to which your assent is not 
given. Until the Court to which the United States have them- 
selves turned you, shall condemn your title, they will respect 
your possession and leave you to its entire enjoyment. It is 
said, however, that the officers of Government apply to your 
case the provisions of the act of Congress of 3d of March, 1S07, 
entitled an act to prevent settlement being made on lands ceded 
to the United States, until authorized by law; and those of the 
act of the 1st of March, 1S17, entitled "An act making reserva- 
tion of certain public lands to supply timber for Naval purpo- 
ses." By the first section of the first act they deem them- 
selves authorized to regard (the four thousand acres) as public 
lands, and by the second and third section of the second act 
they propose to institute a criminal prosecution against those 
who cut the timber, and to enforce the forfeiture therein men- 
tioned. 

This pretension is in my opinion equally unfounded and un- 
just. The acts of Congress of 1807 and 1S17, apply only to 
lands which had theretofore been ceded to the United States, 
their titles are decidedly of that import, and at any rate, their 
provisions cannot be perverted to nullify possessions and set- 
tlement, which took effect before the act could have operation 
whatever over the ceded territory. This indeed is the princi- 
ple contained in tiie proviso to the first section of the first act, 
harmonizing with the views I have already taken on this head. 
It is thus provided that nothing herein contained shall be con- 
strued to affect the right, title, or claim of any person to lands 
in the territories of Orleans or Louisiana, before the Board of 
Commissioners established by the act, &c. shall have made their 
report, and the decision of Congress been had thereon. Such 
a proviso is implied in the course Congress has taken on the 
adjustment of land titles in Florida; bare palpable justice will 
imply it without a word to promise it; and until the Court de- 
signated in the act of 1828 shall have decided against you, your 
rights ought not to be impeded in their exercise, under colour 
of any law whatever, much less a law which had no efficacy in 
Florida (if it ever had any,) until after your rights became fix- 
ed and vested. To consider the lands as public lands, under 
the act of 1807 and 1817, is to prejudge the very question to 
determine which the act of 1828 referred you to a judicial tri- 
bunal. 



31 

Entertaining these impressions, I am of opinion that your 
best course in the present emergency is as follows: 

1st. Apply to the proper Executive Ofllcer at Washington, 
to obtain instructions to the Register and Receiver in East Flo- 
rida not to interfere with your enjoyment of the lands, cutting 
timber, &:c. until the Court shall liavc finally decided against 
your claim. 

2nd. If such instructions cannot be obtained, and the Regis- 
ter and Receiver shall threaten any interference with yourself 
or your authorized agent in the enjoyment of these lands, cut- 
ting the timber, I recommend, &c. 

Very respectfully, your obedient servant, 

GEORGE M. DALLAS. 

CHARLES F. SIBBALD, Esq. 

Note. — The original of this opinion was transmitted to the 
Treasury Department, is probably on file in that office, and the 
copy of the concluding paragraph has by some means got dis- 
placed. 

On the 6th of February, 1836, the Supreme Court of the U. 
States, confirmed the title to the whole of the lands, 16,000 
acres, claimed in conformity to the views expressed in this 
opinion. 



L. B. B.— folio 460. 

Extract of a Letter from Charles F. Sibbald to John Rodman, 
Esq., his Attorney at St. Augustine, and Collector of the 
Customs of that Port, dated 

Philadelphia, Nov. 4fh, 1835. 

I have it in contemplation to take a contract from the Gov- 
ernment for some live oak frames. Please to inform me whe- 
ther there would be any probability of the Government agent 
attempting to stop my cutting my own timber at Mosquito be- 
fore a final decision against me, or would there be any difficulty 
in getting a clearance from the custom house. 



32 

Extract of a Letter from John Rodman, Esq., Collector of the 
Customs at St. Augustine, and Counsellor at Law, dated 

St. Augustine, 20th Nov. 1835. 
With regard to your inqitiry respecting the cutting of lire oak tim- 
ber, you cannot rut a. stick of it on any of the land irliich you claim, 
until the grant he finally confirmed in Court. My orders on that sub- 
ject from the Treasury Department^ are express to stop and seize all 
timber cut., and attempted to be transported from public land, or any, 
the grant for which haa not yet been confirmed by the United States. 



Note. — The contention, as respects the titles to my land, 
being determined in my favor by the recent decision of the 
Supreme Court, it is unnecessary to say any thing further on 
this subject; nevertheless, to show the opinion entertained of 
my rights whilst Spain continued to possess the sovereignty of 
the Floridas, I will mention the following, as being perhaps 
somewhat important in their application on the present case, 
and which may be found in the compilation of Land Laws 
made by Joseph M. White, Esq., ancl published by order of 
Congress in 1828, — page 257. 

Don Nicolas Garrido, the agent of the Duke of Alagon, to 
whom the King of Spain had made a grant for a very consider- 
able part of East Florida, and who was sent there to receive 
formal possession of his lands, finding that large grants had 
been made by the Governoi-s for "factories and mechanical 
works," (such as my own) and that no time was specified for 
the fulfilment of the conditions required in those grants, made 
a formal demand of Govcrnoi Coppinger, that such grants as 
had not had their conditions complied with should revert to 
the crown as public lands, in order that they might be embra- 
ced in the grant to the Duke of Alagon. Governor Coppinger 
referred the communications of Don Nicolas to the Auditor of 
War, (as the Government Counsellor,) who maintains the rights 
of individuals holding those grants, and the Governors to make 
them, in the following words, which are "approved" by Go- 
vernor Coppinger. 

"With respect to the concessions of lands for the establish- 
" ment of mechanical works, it is very obvious that it being 
"the will of His Majesty to improve the province, which he 
"has taken so much interest in dispensing for the purpose co- 
" pious favors, the Governors had the privilege of granting 
"lands for the establishment of said works, with the same in- 
"ducemcnt of title of i)roprietor8hip to all those who contribu- 
" ted by their exertions lu worka of so much utility to the 



33 

"improvement of industry — since by their industry and ex:- 
"penditures, they have made themselves entitled to every 
"protection to animate tlieir perseverance." 

The preceding opinion of the Auditor of War shows conclu- 
sively that where a land grant was made by a Governor, that 
the power of the King even could not be brought to impair it, 
where his beneficence had been extended to one of the favorites 
of the nobility. 

The following extract of a communication from the Gover- 
nor of East Florida to the Marquis of Sumeruelos, the Captaitv 
General of the Island of Cuba, dated at St. Augustine, June 19, 
1811, (taken from a compilation of J. M. White, Esq. p. 236) 
shows that the Spanish government gave permission to the in- 
habitants to cut timber of any description on the public lands 
to any extent, without limit, without price, without a grant, — 
which timber was disposed of as their own individual proper- 
ty, as is adverted to in my letters, pages 12 and 16. The 
Governor says in his letter, — 

"The greater part of the commerce of this Province at the 
"present, is carried on in British vessels, coming to the port 
"of Fernandina, Amelia Island, for the purpose of taking tim- 
"ber and carrying it to England, — paying the slight duty of 
•' Ih per cent, levied upon a moderate valuation. This timber 
" is felled by the inhabitants wherever they please ivithout 
" restriction.''^ 



The following extracts have too important an application on 
the present case to be here omitted. See vol. 9, Pet. Repts. 
p. 711, the U. States vs. Mitchell and others (on a Florida 
Grant. ) 

Another objection is of a more general nature — that the gran- 
tees did not acquire a legal title to the lands in question. But 
it must be remembered, that the acts of Congress submit these 
claims to our adjudication as a court of equity; and, as often 
and uniformly construed in its repeated decisions, confer the 
same jurisdiction over imperfect inchoate and inceptive titles 
as legal and perfect ones, and require us to decide by the same 
rules on all claims submitted to us, whether legal or equitable. 

W^helhcr, therefore, the title in the present case partakes of 
the one character or the other, it remains only for us to in- 
quire whether that of the petitioner is such in our opinion that 
5 



34 

he has, either by the law of nations, the stipulations of any 
treaty, the laws, usages, and customs of Spain, or the province 
in which the land is situated, the acts of Congress or proceed- 
ings under them, or a treaty, acquired a right which would 
have been valid if the territory had remained under the domi- 
nion and in possession of Spain. 

In doing so, we shall not take a detailed review of the lead- 
ing cases on Spanish grants already decided by this Court, in 
relation to those lands which formed a part of the Royal do- 
main, in contradistinction to those which may be considered as 
Indian lands claimed by Indians, by their title, whatever it may 
be. Tliosc comprehended within the claim of the petitioners 
being of the latter description, as they contend, and thereupon 
rest their title, it will suffice to state some general results of 
former adjudications which are applicable to this case, are de- 
finitively settled, so far as the power of this court can do it, 
and must be taken to be the rules of its judgment. They are 
these — 

That by the law of nations, the inhabitants, citizens, or sub- 
jects of a conquered or ceded country, territory, or province, 
retain all the rights of property which have not been taken 
from them by the orders of the conqueror, or the laws of the 
sovereign who acquires it by cession, and remain under their 
former laws until they shall be changed. 

That a treaty of cession was a deed or grant by one sovereign 
to another, which transferred nothing to which he had no 
right of jyToperty, and only such right as he owned and could 
convey to the grantee. That by the treaty with Spain the 
United States acquired no lands in Florida to which any 
person hud lawfully obtained such a right by a j)erfect or 
inchoate title, that this court could consider it ^s property un- 
der the second article, or wliich had, according to the stipula- 
tions of the 8th, been granted by the lawful authorities of the 
King; which woTds grants or concessions were to be constru- 
ed in their broadest sense, so as to comprehend all lawful acts 
which operated to transfer a right of property, perfect or im- 
perfect. 6 Pet. p. 710. 7 Pet. SG-S. 8 Pet. 445-49-50. 486. 
That the effect of the clauses of confirmation of grants made 
was that they confirm them presently on the ratification of the 
treaty, to those in possession of the lands, which was declared 
to be; that legal seisin and possession which follows a title is 
co-extensive with the right, and continues till it is ousted by an 
actual adverse possession as contradistinguished from residence 
and occupation. 6 Pet. 743. 8 Cr. 229-30. 4 VVh. 213-33. 
4 Pet. 480. 504-6. 5 Pet. 354-5. 

That the United States, by accepting the cession under the 
terms of the 8th article, and the ratification by the King, with 



35 

an exception of the three annulled grants (o Allegon, Punon 
Rostro, and Bargus, can make no other exceptions of grants 
made by the lawful authorities of the King. S Pet. 4G3-1. 

That the meaning of the words lawful authorities in the 8th 
article, or competent authorities in the ratification, must be ta- 
ken to be "those persons who exercised the granting power 
by the authority of the Crown." That the Sth article express- 
ly recognises the existence of these lawful authorities in the 
ceded territories, designating the Governor or Intendant, as the 
case might be, as invested with such authority, which is to be 
deemed competent till the contrary is made to appear. 8 Pet. 
449 to 453. 

That "by the laws of Spain" is to be understood the will of 
the King expressed in his orders, or by his authority, eviden- 
ced by the acts themselves, or by such usage and customs in the 
province as may be presum.ed to have emanated from the King, 
or to have been sanctioned by him, as existing authorized local 
laws. 6 Pet. 714 to 716. 

In addition to the established principles heretofore laid down 
by this court as the legal effect of an usage or custom, there is 
one which is peculiarly appropriate to this case. The act of 
Consrress giving; iurisdiction to this court to adjudicate on these 
causes, contains this clause in reference to grants, &c.," which 
was protected and secured by the treaty, and which might have 
been perfected into a complete title, under and in conformity 
to the laws, usages and cvsfojjis of the government under 
which the same originated." 6 Pet. 70S-.9. 3 Story Laws, 
1959-1960. 

This is an express recognition of any known and established 
usage or custom in the Spanish provinces, in relation to the 
grants of land and the title thereto, which brings them within 
a well established rule of law. That a custom or usage saved 
and preserved by a statute has the force of an express statute, 
and shall control all aflirmative statutes in opposition, though 
it must yield to the authority of negative ones, which forbid 
an act authorized by a custom or usage thus saved and protect- 
ed, (4 Co. Inst. 86. 29S,) and this is the rule by which we 
must test its efficacy according to the act of Congress, which 
we must consider as of binding authority. 

In taking possession of Florida pursuant to the treaty, and in 
establishing a government in and over it, Congress have acted 
on the same principles as those which were adopted by this 
court in the former cases. In the act of 1821, for carrying the 
treaty into execution. Congress authorizes the vesting the whole 
power of government in such person as the President may di- 
rect for the maintdin'uig the. inhabitants in the free enjoy- 
ment of their property. Pamphlet Laws, 47. 



30 

The Governor thus appointed, by his proclamation in the 
same year announces to the inhabitants that he has been invest- 
ed with all the powers, and charo;ed with all the duties hereto- 
fore held and exercised by the Captain General and of the In- 
tendant of the Island of Cuba over the Floridas; and the Go- 
vernor thereof recites the foregoing act of Congress, declares that 
they shall be maintained and protected in the free enjoyment 
of their property, &c. , and that all laws and municipal regula- 
tions which were in existence at the cessation of the late go- 
vernment remain in full force. Pamphlet of 1822, p. 113. 

The 10th section of the act of 1822 contains the same pledge 
for the protection of propert}', and the 13th continued in force 
the existing laws, till altered by the local legislature then orga- 
nized. Pamphlet, 15. 

The formal act of the surrender of the Floridas by Spain to 
the United States was made by the commandants of both of the 
provinces, by the authority of the Captain General of Cuba un- 
der a royal order. Pamphlet, 110. 

These are most solemn acts of both governments, which, as 
the proceedings under the treaty of cession, are made a rule for 
our guide in deciding on the validity of the title to lands in the 
provinces; they have all been ratified and approved by the 
King and Congress, affording the highest possible evidence of 
the true meaning of both the high contracting parties to the 
treaty. They point directly to the kind of government which 
existed before the cession as being vested in the Captain Gene- 
ral and Intendant of Cuba, and the Governors of the provinces, 
as the supreme legislative, executive, and judicial power, sub- 
ordinate to the King only. And as it became afterwards in 
the hands of the Governor alone by act of Congress subordinate 
only thereto, while under both, the government was adminis- 
tered in conformity to the local laws and municipal regulations. 
It cannot therefore be doubted that among the other powers of 
the former government, that of granting lands was invested in 
some of its officers, nor that such officers were the Governor, 
the Intendant, or Captain General, as the case might be; thus 
exhibiting an union of opinion between the King of Spain as 
well as the legislative and judicial departments of this govern- 
ment, as to the meaning of the treaty, which cannot be without 
its influence on its true construction and bearing on the rights 
of jiarties now before this court: sitting in an appellate court 
of equity, directed to decide "in conformity to the principles 
of justice" and the laws and ordinances of the government un- 
der which the claim of the petitioner originated, they must 
be oar guide. 



NOTE IN CONCLUSION. 

These are indeed "most solemn acts of both governments." 
Here is a treaty, for the execution and observance of which, 
the faith of two nations is sacredly pledged, — here is a land 
grant to the undersigned, by a Spanish governor, that in that 
treaty is declared to be ''^ private, property ,'''' that is decided to 
have been such by the Supreme Court of the United States; 
but the stipulations of this treaty, and the rights of individuals, 
are in the preceding quotations by the Supreme Court, so com- 
pletely defined and so easily understood, that not one word is 
necessary to add on that subject. The undersigned cannot but 
regret the necessity which has compelled him to publish docu- 
ments, obviously never intended for the public eye; some of 
these too written in a language only to be understood by those 
who will place themselves in a situation so very peculiar, with 
a confidence of their rights, and with a determination to main- 
tain and defend them until overpowered; but in undertakings 
of the extent of those of the undersigned, the difficulties pro- 
duced corresponding therewith, it is impossible almost for others 
to conceive the effects and the operations of such measures as 
have been pursued towards him; let it however be contemplated, 
that the Government of Spain, in the year 1S16, made a land 
grant of 16,000 acres to the undersigned in Florida; that the 
grant was divided into three several surveys by the Spanish 
Surveyor General; that having complied with the requisitions 
of the grant whilst that country remained attached to the Crown 
of Spain, that it became the absolute properly of the under- 
signed; that he used and enjoyed it as such without hindrance 
or molestation; that Florida was ceded to the Government of 
the United States in the year 1S20, that Spain provided in the 
treaty of cession that the rights of her then subjects should be 
respected and protected as they would have been had the coun- 
try remained under that Government; that the United States 
undertook to investigate the title of the undersigned to the said 
land, and that fifteen years have passed in this judicial scrutiny 
and investigation; that the Government of the United States 
has in this time treated it as ^'■public property," and the un- 
dersigned as a mere intruder; that the undersigned, confident 
of his rights, so sacredly guaranteed under the treaty, as well 
by his own researches of every land law that he could obtain, 
as by the opinions of some of the most eminent professional 
gentlemen of this nation, resisted these encroachments until cir- 
cumstances compelled him to submit; that remonstrance against 
these illegal measures followed remonstrance to the different 
departments of this Government, and that to the very last mo- 
ment these cruel, unjust measures still existed and were persist- 
ed in against him. That this contention with the Government 



38 

prevented him from selling his lands; that when he undertook 
to improve them he was hindered and resisted; that he sold 
sixteen thousand dollars worth of timber to be cut from them 
without any expense whatever to himself to a person having a 
contract with the Navy Department for about one hundred 
thousand dollars, (looking to this timber to execute the same) 
and he is prevented by the Government agent from cutting the 
timber; that he undertook extensively to improve his said lands 
by erecting Steam Mills on them, induced by having an abun- 
dance of pine timber of his own to supply them, and after 
erecting three Saw Mills, one of the largest concerns in this 
country, on which he expended upwards of one hundred thou- 
sand dollars, requiring when in operation from one to two hun- 
dred logs per days; that he is prevented from cutting his own 
lumber to supply said Mills to saw; that the Treasury De- 
partment ordered the Collector of St. t/iiigiistine to seize the 
timber attempted to be cut from, his property; that the U. 
States District Attorney gave public notice, forbidding the 
timber being cut from it; that in consequence of these mea- 
sures his Mills, after being placed in the most successful ope- 
ration, had to be abandoned, and laying so long desolate, that 
they have gone to ruin. That from tlie recent decisions of the 
Supreme Court of the United States, supposing that a different 
couise would in consequence be pursued by the agents of the 
Government, the undersigned is induced to make a contract 
with the Navy Commissioners for the delivery of between two 
and three hundred thousand dollars worth of timber, influenced 
to do so from having the timber on his own land; and he was 
again notified that he cannot cut his own timber, whilst on his 
part he has these extensive engagements to comply with, and 
is under heavy bonds for their execution. Thus for several 
years past has every attempt to use his property been rendered 
abortive; but the Supreme Court of the U. States has now 
confirmed his title to this property- — and this confirmation de- 
velopes a violation of individual rights unparalleled on record, 
in circumstances or in amount; contrary to the laws of nations, 
contrary to the laws of Spain from which power his grant ema- 
nated; and contrary to the laws of this nation, as by reference 
to the documents herewith presented will most clearly appear. 
The undersigned is prepared to prove his losses; he has devo- 
ted almost exclusively twenty years of his life to this property. 
He asks nothing but justice. He feels assured that the consti- 
tuted authorities of his country will promptly award to him a 
fair and equitable indemnity for all that he has suffered and 
lost, and that no one will oppose him in obtaining it. 

CHARLES F. SIBBALD. 
Philadelphia, February 24th, 1836. 



APrENJ)lX. 



The following copy of a Letter from Charles F. Sibbald to 
Charles Downing, Esq. Register of the Public Lands, St. Au- 
gustine, East Florida, is published in consequence of reference 
being made to the Report of the Register and Receiver at St. 
Augustine, in the letter attached to the affidavit of Mr. Grice, 
page 9. 

Letter Book B. — page 96. 

Philadelphia, Dec. 5th, 1828. 
SiR^ — I have recently been handed the report of the Register 
and Receiver of St. Augustine to the Treasury Department of 
the United States, wherein I find my Mill Grant reported by 
them iov conJirTnationin equity — for this I am much obliged; 
but as the general impression given in the report in relation to 
those grants is such as to prejudice the parties interested, I 
hope you will pardon the liberty I now take in begging your 
reference to the certified copy of mine, and the literal transla- 
tion of the same on file in your office. In the year 1816 the 
constituted and lawful authorities of the King of Spain, it will 
be found, in order to "encourage industry," increase the re- 
sources of the revenue of the country, grant mc in absolute 
property (on the compliance of a stipulated condition, to wit, 
the erection of a Saw Mill) five miles square of land, without 
discriminating either its quality or its '■'■timber." The soil 
Ctie7'ra") contained in that extent of boundary, in one or 
more surveys, is granted, which in conformity was allotted me 
by the Surveyor General of that then province, George J. F. 
Clarke, Esq. 

That ?m/ title is legal cannot be questioned according to the 
laws, usages, established customs and policy of the Spanish 
nation, which liberality in Land Grants still exists throughout 
their colonies and dominions. I cannot call in question the 
rights of others. It was on the faith of this grant, looking to it 
as a security for my "funds and labours," that I have been in- 
fluenced to expend upwards of ^40,000 in erecting three Steam 
and Water Mills on my survey in that territory, and also have 
devoted so many years of my life to these objects. I know of 
no instance of any grant made by the Governors of Florida be- 



40 

ing revoked by the superior authority. Mill Grants were 
made as far back as the year 1801. During my residence in 
Florida, about fifteen years, I feel persuaded no instance oc- 
curred in which the limits of the power of the Governors in 
granting lands were called in question. It is an incontrovertible 
fact, that the privilege of cutting ^^ pine trees^' was given by 
asking for it without limit, neither was the bounty of the Go- 
vernment confined to any particular growth in species of tim- 
ber.* In my grant the soil ("//e/Ta") is evidently given, and 
in other similar grants, permit me to say, that the soil could 
not be given for the foundation to erect a Mill on without giv- 
ing an unlimited right to the soil within the whole boundary 
of the grant. It is expressed " in order that the grantee may 
avail himself of its timber," without specifying any particular 
species or growth, which, as the timber never ceases to grow, 
makes it a grant in perpetuity. These latter remarks will ap- 
ply pretty generally to those grants. May I beg the favor of 
you to refer to my grant and to correct the impressions giv- 
en, and which you may see it merits under every considera- 
tion; as each case will now soon be brought before the Supreme 
Court. You will oblige me by so doing, also by addressing 
the Treasury Department, lest some interference of the agent 
of the Government on my surveys anight prejudice my per- 
sonal interest, and consequently thereby that of the Govern- 
ment of the United States, as I am deeply interest in this 
matter. 

Your early attention will oblige, 

Yours, very respectfully, 

CHARLES F. SIBBALD. 

CHARLES DOWNING, ESQ., 
Register of Public Lands, St. Augustine. 

* See Letter of Governor of Florida, folio 33, in confirmation of tliis fact. 



41 



The following njfuhnnt of Mr. Charles J. Norhiiry, of Phila- 
delphia, was not previously offered in evidence, in conse- 
quence of his absence from this city. 

State of Pknnsylvania, \ 
City of Philadelphia, S 

Personally aj)i)eared before me, Charles J. Norbury, of said 
city, who being duly sworn, deposes and says: — That he was 
employed by Charles F. Sibbald, Escp as a clerk in his count- 
ing house in the said city of Philadelphia, from the year 1827 
to the year 1S30, — that during this period, he became perfectly 
familiar with the business transactions of the said Sibbald, — 
he attended to his bank business, as well as his books, — he also 
copied his letters and other documents as became necessary. — 
That during this period Mr. Sibbald's exclusive business was 
between this and Florida; where Mr. Sibbald had erected and 
put into operation two Steam Saw AFills, known as the "Pana- 
ma Saw Mills;" and that one of these Mills worked upwards 
of forty saws, — that he, the said Sibbald, was erecting a third 
Steam Saw Mill, for which the engine and machinery had been 
made in this city, during the said period of his employment. 
That these Mills cost, as appears by the books of said Sib- 
bald up to that period, between eighty and ninety thousand 
dollars. 

This deponent further says, that he knows that these Mills 
were placed in the most successful operation, — that Mr. Sib- 
bald had a number of vessels of his own, besides chartered ves- 
sels, engaged in the business of these Mills. That in entering 
into these extensive engagements to improve his property in 
Florida, Mr. Sibbald had at that time made corresponding ar- 
rangements to realize a large amount from his property there. 
That Mr. Sibbald was in the habit of making contracts for the 
delivery of timber of various descriptions besides that cut by 
his Mills, and among other contracts, he had one with Samuel 
Grice, Esq. of this city; who was to cut from the lands of said 
Sibbald, without expense to him, about sixteen thousand dollars 
worth of live oak timber. 
6 



42 

That he knows from Mr. SibbaUI's letters and documents, 
which he copied at that time, thai an agent teas sent to Flo- 
rida by the government of the United States, (a Mr. Aikens) 
who entirely stopped Mr. Sibbald from cutting his timber 
to saw in the Mills that he had erected, at such expense; and 
that he also stopped Mr. Grice cutting and executing the con- 
tract he had made, after Mr. Grice had sent a large number of 
ship carpenters and other persons to Florida to cut the same; 
thereby effectually stopping Mr. Sibbald's resources. That on 
the subject of these encroachments on liis property and rights, 
he obtained several legal opinions, wliioh this deponent :iIso 
copied at the lime, declaririg tbesc acts of the government and 
agents to be contrary to law, and that the government would 
be liable for the consequences. That Mr. Si!)!)ald in vain ap- 
plied to the Register of the Land Ollice at St. Augustine; and 
also to the Tieasury and Navy Department of the United States, 
and notified them of the consequences that would result to both 
the government and himself. This deponent further sa3's, that 
these illegal acts of the government and its agents, in taking 
Mr. Sibbald's property out of his control, preventing him from 
using his timber to saw, or for any other purpose, detaining 
his resources it was that entirely destroyed Mr. Sibbald's busi- 
ness in Florida, and obliged him to abandon his Mills; and the 
amount disbursed on them to be lost, as they have gone to ruin, 
besides the loss of the profit of his Mills, his contracts, and 
other business which he was advantageously pursuing. 

Signed C. J. NORBURY. 

Sworn and stihscrihed before me ^ 
this 25th day of April', 1 8.3r>. ^ 

ANDREW GRYER, Alderman. 



43 



State op Pennsylvania,? 
City of Philadelphia. i 

On the sixth of December, 1S3G, before me, Edward Hurst, 
Notary Public, of said city, personally appeared John Gibson, 
also of said city, Merchant, who being duly sworn, deposes and 
says, that he is now of the age of forty-three years, that in the 
year A. D. 1827, he kept the books of Mr. Charles F. Sibbald, 
of this city, which he continued to do until the year 1829, and 
that in the year 1S30 he went to the Panama Steam Saw Mills, 
situated in East Florida, there to act as agent for Mr. Sibbald; 
that he is perfectly familiar with Mr. Sibbald's business trans- 
actions within the period of time above mentioned. 

That during this [.'criod, to wit, in the year 1S27, Mr. Sib- 
bald erected a Steam Saw Mill on his lands at Panama afore- 
said; tlial in tlie year 1S2S, the said Mill vv;is destroyed by 
fire; that in the year 1S29 Mr. Sibbald erected another Steam 
Saw Mill, and another in the year 1830; that these Mills cost 
Mr. Sibbald, as appears by his books, to that time, upwards of 
eighty thousand dollars. 

That this deponent went to Panama aforesaid, accompanied 
by Mr. Peter R. Walker and Mr. George M. Snyder, two 
liighly respectable mechanics, well known in this community, 
the one a mill-wright and steam engineer, the other a steam 
engineer; that on the arrival of this deponent at Panama afore- 
said, he found these Steam Mills most eligibly situated on lands 
of the said Charles F. Sibbald, quite near the sea, surroiuuled 
by the best yellow pine timber; the one mil! which had eight 
gangs of saws attached to it, was overhauled and put in com- 
])!cte operation; that the other mill, for which the engine and 
machinery were made in Philadelphia aforesaid, would also 
have been in operation in tlie com-se of about two months time, 
as the necessary workmen had i)(!en sent out several months 
previous to complete it; but at that period Mr. Sibbald's busi- 
ness, after being in successful and complete operation, was en- 
tirely prostrated by the course adopted by the different Depart- 



44 

ments of this Government, by preventing him from cutting the 
timber off his own lands, and depriving him of the use of his 
property, and a large amount of money arising from a contract 
sale of live oak timber. 

This deponent further says, that he remained in Florida 
aforesaid, until May, 1833, transacting business for his own 
account, at which period the mills at Panama were laying deso- 
late, as they now are, and had at that time been greatly injured, 
if not totally ruined. 

JOHN GIBSON. 

Sworn and subscribed before me i 
the day and year aforesaid. \ 

EDWARD HURST, Not. Pub. 



Lot 



